New Jersey Real Estate Law Questions & Answers

Q: I went thru attorney review and inspection already.The inspection did come up with a lot of concerns, some of which the

2 Answers | Asked in Real Estate Law for New Jersey on
Answered on May 24, 2017

If you have an attorney, you need to direct this question to your attorney.
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Q: I'm buying a land in NJ but waiting on a mortgage discharge for it+a tax judgement payoff, what does that entail?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on May 20, 2017

The seller's attorney does not represent you. Any time, prior to purchasing a foreclosure, you need to retain an experienced mortgage foreclosure defense attorney, who will have the expertise to help you avoid problems with foreclosed properties, which can have devastating financial consequences for the uneducated and unprepared. Good luck.
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Q: Apartment tenant wants to call cops and sue me for smoking outside the apartment.

1 Answer | Asked in Real Estate Law, Civil Rights, Small Claims and Landlord - Tenant for New Jersey on
Answered on May 20, 2017

Probably can't sue you and win much money, but call cops yes, and some towns have ordinances in which you cannot smoke within 50 or 100 feet of any building.
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Q: is a letter needed from an attorney to get out of a real estate contract if the buyer has not met the mortgage commitmet

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on May 20, 2017

You would have to digest the language in the contract that you executed for guidance. Did your attorney prepare and oversee your execution of the contract? If so, ask him/her for directions. If not, then this is the peril of executing an important document such as a contract without having an attorney.
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Q: Can I get evicted without an official filing from the courts in Essex County nj?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Answered on May 15, 2017

No, you cannot be evicted. Eviction laws require strict adherence to procedures. Failure to do so will prevent the eviction.
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Q: If I am renting a home from a Real estate agent (NJ)- can he still collect a commission (on his own home)?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on May 9, 2017

Yes, it happens all the time.
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Q: I being bought out. is the value based on current market value or assessed value.

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on May 7, 2017

Value is always based on current market value. You really need an attorney to handle this entire process for you. What you don't know can hurt you.
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Q: I want to buy real estate, sellers says its a condo and condo owners have right of first refusal. Any options for me

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on May 6, 2017

A lawyer would need to read the bylaws for the condo association to tell you what your rights are. I suggest you have your attorney who is working the deal check into this for you and if you don't have a lawyer you better get one.
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Q: I want to buy a house, did some research, found we're legally obligated to hire an attorney, how and what are the steps?

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Answered on May 5, 2017

You need to retain counsel who is experienced in RE closings. You are probably looking at about $1500 in attorney fees. No need to stress.
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Q: Have unmortgaged commercial building. I have to close the business. Am I responsible for it if I abandon it legally

3 Answers | Asked in Bankruptcy, Business Law and Real Estate Law for New Jersey on
Answered on May 3, 2017

Hard to believe building has no value. You can abandon it but you still could have some personal liability for some things, like environmental contamination.
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Q: Can I sell my home after my husband has died?

1 Answer | Asked in Real Estate Law and Probate for New Jersey on
Answered on May 1, 2017

Unless you are appointed executor of his estate or was left the house in his will. Thus because he died without a will you will need an attorney to establish what rights you have in Probate Court before attempting to sell the house.
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Q: My name is on the deed, not the laon, we are divorced and home is now going into forclosure/auction sale. Am I liable?

1 Answer | Asked in Divorce and Real Estate Law for New Jersey on
Answered on Apr 28, 2017

Of course you are liable for it. The divorce Judgment is NOT binding on the lender. You need to retain experienced mortgage foreclosure defense counsel. Only a mortgage foreclosure defense attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced mortgage foreclosure defense attorney. You need to retain the best...
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Q: buyer had home inspect. Roof has 5 yrs left. They want $$ toward new roof. Can they back out,get deposite back?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Apr 28, 2017

The language in your contract will govern your rights and obligations as to this issue.
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Q: A dispute between co-owners of a 2 family home.

1 Answer | Asked in Civil Litigation and Real Estate Law for New Jersey on
Answered on Apr 27, 2017

You need to retain a civil litigation attorney. The attorney will file a partition action to seek a judicial resolution of this matter.
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Q: Bought a house in NJ 8 months ago, 2nd floor was a new addon before i bought it, there are problems, can i sue?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Apr 26, 2017

You can probably sue the various parties involve, but more facts are required which can only be determined by an in personal consultation. Good luck.
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Q: we are all set to close on our house and now the seller is going to cancel the contract. can they legally do that?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Apr 17, 2017

No one can answer that question without reviewing the purchase and sale contract and a lot more information. You may be entitled to sue for "specific performance" of the agreement, if it is valid and binding. Specific performance is the the right to have the contract enforced and to required the seller to convey the property as specified in the contract. Alternatively, damages may be available. An experienced real estate lawyer in your state will need to review the contract, obtain...
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Q: I own a home with 3 people. They want to buy me out. I have been lock out until the deal is final. Is that legal.

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Mar 28, 2017

No you cannot be locked out of the house. In fact you can sue them. You need to retain counsel. Good luck.
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Q: 3 offers in on a home - now hear none have been put to the bank buy seller's agent. No offers accepted prior.

1 Answer | Asked in Foreclosure, Real Estate Law and Broker Fraud for New Jersey on
Answered on Mar 26, 2017

You really need to speak with an attorney. You have too many moving parts in what appears to be a short sale to get useful advice that would apply to your specific situation from a free advice website. When do you need to close by? What is the bank telling you? Are you scheduled for a sheriff sale?
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Q: I Purchase house in Plainfield NJ , floreclosure property as occupied house. Some one not previous owner lives there

1 Answer | Asked in Real Estate Law and Small Claims for New Jersey on
Answered on Mar 26, 2017

Any time, prior to purchasing a foreclosure, you need to retain an experienced mortgage foreclosure defense attorney, who will have the expertise to help you avoid problems with foreclosed properties, which can have devastating financial consequences for the uneducated and unprepared. Retain a landlord-tenant attorney and also try to press criminal charges for defiant trespass. Good luck.
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Q: Three weeks after attorney review and all inspections and title search, the seller says she has changed her mind !

2 Answers | Asked in Contracts and Real Estate Law for New Jersey on
Answered on Mar 26, 2017

These are questions for your attorney, who knows the entire situation.
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